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H.B. 90






Sponsor: J. Stuart Adams

             7      LONG TITLE
             8      General Description:
             9          This bill amends the membership of the Search and Rescue Advisory Board in the
             10      Department of Public Safety membership so that the expiration of terms of membership
             11      are staggered. The bill also allows members to serve more than two successive terms.
             12      Highlighted Provisions:
             13          This bill:
             14          .    provides that appointments and reappointments of the three board members
             15      designated by the Utah Sheriff's Association shall for one time only be for two years
             16      rather than the usual four years, to stagger the expiration dates of members' terms;
             17      and
             18          .    amends provisions which currently limit reappointment to two years to allow
             19      unlimited reappointments of members.
             20      Monies Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          None
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          53-2-108, as last amended by Chapters 14 and 176, Laws of Utah 2002

             28      Be it enacted by the Legislature of the state of Utah:
             29          Section 1. Section 53-2-108 is amended to read:
             30           53-2-108. Search and Rescue Advisory Board -- Members -- Compensation.
             31          (1) There is created the Search and Rescue Advisory Board consisting of seven
             32      members appointed as follows:
             33          (a) two representatives designated by the Utah Search and Rescue Association, one of
             34      whom is from a county [with] having a population of 75,000 or more; and one from a county
             35      having a population of less than 75,000;
             36          (b) three representatives designated by the Utah Sheriff's Association, at least one of
             37      whom shall be a member of a voluntary search and rescue unit operating in the state, at least
             38      one of whom shall be from a county having a population of 75,000 or more, and at least one of
             39      whom shall be from a county having a population of less than 75,000;
             40          (c) one representative of the Division of Emergency Services and Homeland Security
             41      designated by the director; and
             42          (d) one private citizen appointed by the governor with the consent of the Senate.
             43          (2) (a) The term of each member of the board is four years.
             44          (b) A member may be reappointed to [one] successive [term] terms.
             45          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             46      appointed for the unexpired term.
             47          [(d) A member resigning from the board shall serve until a successor is appointed and
             48      qualified.]
             49          (d) In order to stagger the terms of membership, the members appointed or reappointed
             50      to represent the Utah Sheriff's Association on or after May 2, 2005, shall serve a term of two
             51      years, and all subsequent terms shall be four years.
             52          (3) Members who are not government employees [shall] do not receive [no]
             53      compensation or benefits for their services, but may receive per diem and travel expenses
             54      incurred in the performance of the member's official duties at the rates established by the
             55      Division of Finance under Sections 63A-3-106 and 63A-3-107 .

Legislative Review Note
    as of 1-12-05 10:53 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

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